CHARLESTON — A former employee has filed a class action lawsuit against a West Virginia community college, alleging unpaid overtime wages.
Melissa Deskins of Logan County, individually and on behalf of all others similarly situated, filed a complaint in U.S. District Court for the Southern District of West Virginia against Southern West Virginia Community and Technical College, alleging violation of the Fair Labor Standards Act.
According to the complaint, throughout her tenure with defendant, which ended April 27, Deskins was consistently paid a weekly salary with no premium pay for hours worked beyond 40 in any one work week.
The plaintiff alleges Southern West Virginia Community and Technical College failed to record actual hours worked and knowingly and deliberately failed to pay the legally required overtime rates.
Deskins seeks trial by jury, an order certifying this action as a collective action, damages recoverable within the three-year window and all other proper relief. She is represented by attorney Mark A. Toor of Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:18-cv-01109
